High CourtsDivision Bench

State Of Kerala vs Shinoj.M.S

High Court Of Kerala · Decided on 26 October 2023 · Citation: (2023) 10 KL CK 0184

HON’BLE JUDGES
A.Muhamed Mustaque, J · Shoba Annamma Eapen, J
ACTS & SECTIONS REFERRED
Kerala Municipality Act, 1994 — Section 222(1)
RESULT
Dismissed
CASE NUMBER
Original Petition (KAT) No. 426 Of 2023
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Judgment

5 paragraphs · 149 words

A.Muhamed Mustaque, J

1.

Spoke. Previous judgment of this Court dated 21.09.2023 is recalled.

2.

This original petition is filed by the State aggrieved by direction of the Kerala Administrative Tribunal in O.A.No.979/2021 dated 22.11.2022, directing Government to reckon prior Government service of the applicant before the General Administrative Department as office attendant from 02.01.2014 to 04.04.2018, for the purpose of fixation of pay in Municipal Common Service.

2.

It is to be noted that Section 222(1) of the Kerala Municipality Act and Rules has been amended with effect from 06.03.2018. A public servant in Municipal Common Service is treated as Government servant except contingent employees. The issue is also covered by the judgment of this Court in O.P.(KAT) No.219 of 2022 in favour of the party respondents.

In the light of statutory provision, as well as the judgment of this Court, this Original Petition is dismissed in limine.